Vanderbilt Law Review

Article Title

Resale Price Maintenance


Stanley D. Rose

First Page



There was a tide in the affairs of men that was taken at its flood by the National Association of Retail Druggists--and it led on to fortune. For this band of little men the Miller-Tydings Amendment to the Sherman Act I was the end of a thirty years war. Enjoined in 1907 from attempting to force up retail price margins and maintain retail drug prices at a uniform level, this association joined with other groups desirous of achieving similar ends in an effort, year after year, to persuade Congress to permit the making of contracts between manufacturers and retailers that would fix minimum resale prices. With the beginning of the depression in the thirties, the Association shifted its efforts to the states, where the first success in retail price control came with the passage of the California Fair Trade Act in 1931. In the ten succeeding years 45 states passed resale price maintenance laws --the so-called Fair Trade Acts and the Federal Government bestowed its blessing on such laws when the contracts they legitimated concerned goods in the course of commerce.